HomeMy WebLinkAbout2003-03-05; Planning Commission; Resolution 53741
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PLANNING COMMISSION RESOLUTION NO. 5374
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING SITE
SINGLE FAMILY HOMES ON PROPERTY GENERALLY
LOCATED EAST OF BLACK RAIL ROAD, SOUTH OF
POINSETTIA LANE AND NORTH OF AVIARA PARKWAY IN
LOCAL FACILITIES MANAGEMENT ZONES 19 AND 20
CASE NAME: TABATAPA 22
CASE NO.: SDP 02-1 1
WHEREAS, Lucas and Mercier Development, Inc, “Developer,” has filed a
verified application with the City of Carlsbad regarding property owned by Carlsbad 25, a
California Limited Liability Company, “Owner,” described as
DEVELOPMENT PLAN SDP 02-11 TO CONSTRUCT 25
Lots 1 through 16, inclusive, of Carlsbad Tract No. 00-13, as
shown on the Map thereof No. 14440, recorded September 17,
2002 together with lots 140 through 149 of Carlsbad Tract 92-3
Aviara Phase I11 Unit No. 7, in the City of Carlsbad, County of
San Diego, State of California, according to map thereof No.
13513, filed in the office of the County Recorder of San Diego
County
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Site Development
Plan as shown on Exhibits “A” - “U” dated March 5,2003, on file in the Planning Department,
TABATA/PA 22 - SDP 02-11 as provided by Chapter 21.06/Section 21.53.120 of the Carlsbad
Municipal Code; and
WHEREAS, the Planning Commission did, on the 5th day of March, 2003, hold
a duly noticed public hearing as prescribed by law to consider said request; and
WHEREAS, at said public hearing, upon hearing and considering all testimony
and arguments, if any, of all persons desiring to be heard, said Commission considered all factors
relating to the Site Development Plan.
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NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission of the City of Carlsbad as follows:
A) That the foregoing recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Planning
Commission APPROVES TABATNPA 22 - SDP 02-11 based on the
following findings and subject to the following conditions:
1. That the requested use is properly related to the site, surroundings and environmental
settings, is consistent with the various elements and objectives of the General Plan, will
not be detrimental to existing uses or to uses specifically permitted in the area in which
the proposed use is to be located, and will not adversely impact the site, surroundings or
traffic circulation, in that the project’s density is consistent with the Residential Low-
Medium General Plan designation for the property; all necessary public streets and
utilities have been, or will be dedicated and improved prior to occupancy of any
units; no conflicts with existing easements will result from the development, and no
encroachments into sensitive habitat are proposed.
2. That the site for the intended use is adequate in size and shape to accommodate the use, in
that all of the placement of the homes comply with all R-1 development standards
without the need for variances.
3. That all yards, setbacks, walls, fences, landscaping, and other features necessary to adjust
the requested use to existing or permitted future uses in the neighborhood will be
provided and maintained, in that the proposed project complies with all development
standards for single family development, the Zone 20 Specific Plan, the Aviara
Master Plan, and City Council Policy 44 in that the project proposes a variety of
architectural features and styles.
4. That the street systems serving the proposed use is adequate to properly handle all traffic
generated by the proposed use, in that access will be provided by Songbird Avenue,
Cabela Place, Docena Road, and Black Rail Road, local streets, designed to
accommodate the 250 ADT proposed by the project.
5. The Planning Commission finds that the project, as conditioned herein, is in
conformance with the Specific Plan 203(A) - Zone 20 Specific Plan based on the facts
set forth in the staff report dated March 5, 2003 including, but not limited to the
following:
a) That the project complies with the architectural standards by
providing a variety of wall materials and colors, architectural accent
features, and different building facades with each floor plan.
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b) That the project provides recreational vehicle storage in that four lots
are designed with adequate area to accommodate recreational vehicles
within their sideyard setback.
6. The Planning Commission finds that the project, as conditioned herein, is in
conformance with Master Plan 177(DD) - Aviara Master Plan based on the facts set
forth in the staff report dated March 5,2003.
I 7. The project is consistent with the City-Wide Facilities and Improvements Plan, the Local
Facilities Management Plan for Zones 19 and 20 and all City public facility policies and
ordinances. The project includes elements or has been conditioned to construct or
provide hding to ensure that all facilities and improvements regarding: sewer collection
and treatment; water; drainage; circulation; fire; schools; parks and other recreational
facilities; libraries; government administrative facilities; and open space, related to the
project will be installed to serve new development prior to or concurrent with need.
Specifically,
a. The project has been conditioned to provide proof from the Carlsbad Unified
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School District that the project has satisfied its obligation for school facilities.
b. Park-in-lieu fees are required by Carlsbad Municipal Code Chapter 20.44, and
will be collected prior to issuance of building permit.
c. The Public Facility fee is required to be paid by Council Policy No. 17 and will be
collected prior to the issuance of building permit.
8. The Planning Commission has reviewed each of the exactions imposed on the Developer
contained in this resolution, and hereby finds, in this case, that the exactions are imposed
to mitigate impacts caused by or reasonably related to the project, and the extent and the
degree of the exaction is in rough proportionality to the impact caused by the project.
Conditions:
Note: Unless otherwise specified herein, all conditions shall be satisfied prior to building
permit.
1. If any of the following conditions fail to occur; or if they are, by their terms, to be
implemented and maintained over time, if any of such conditions fail to be so
implemented and maintained according to their terms, the City shall have the right to
revoke or modify all approvals herein granted; deny or further condition issuance of all
future building permits; deny, revoke or further condition all certificates of occupancy
issued under the authority of approvals herein granted; institute and prosecute litigation to
compel their compliance with said conditions or seek damages for their violation. No
vested rights are gained by Developer or a successor in interest by the City’s approval of
this Site Development Plan.
2. Staff is authorized and directed to make, or require the Developer to make, all corrections
and modifications to the Site Development Permit documents, as necessary to make
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them internally consistent and in conformity with the final action on the project.
Development shall occur substantially as shown on the approved Exhibits. Any proposed
development different from this approval, shall require an amendment to this approval.
Developer shall comply with all applicable provisions of federal, state, and local laws and
regulations in effect at the time of building permit issuance.
If any condition for construction of any public improvements or facilities, or the payment
of any fees in-lieu thereof, imposed by this approval or imposed by law on this Project are
challenged, this approval shall be suspended as provided in Government Code Section
66020. If any such condition is determined to be invalid this approval shall be invalid
unless the City Council determines that the project without the condition complies with
all requirements of law.
Developer/Operator shall and does hereby agree to indemnify, protect, defend and hold
harmless the City of Carlsbad, its Council members, officers, employees, agents, and
representatives, from and against any and all liabilities, losses, damages, demands, claims
and costs, including court costs and attorney’s fees incurred by the City arising, directly
or indirectly, from (a) City’s approval and issuance of this Site Development Plan, (b)
City’s approval or issuance of any permit or action, whether discretionary or non-
discretionary, in connection with the use contemplated herein, and (c)
Developer/Operator’s installation and operation of the facility permitted hereby, including
without limitation, any and all liabilities arising from the emission by the facility of
electromagnetic fields or other energy waves or emissions. This obligation survives until
all legal proceedings have been concluded and continues even if the City’s approval is not
validated.
Developer shall submit to the Planning Department a reproducible 24” x 36,” mylar
copy of the Site Plan reflecting the conditions approved by the final decision making
body.
Prior to the issuance of a building permit, the Developer shall provide proof to the
Director from the Carlsbad Unified School District that this project has satisfied its
obligation to provide school facilities.
This project shall comply with all conditions and mitigation measures which are required
as part of the Zones 19 and 20 Local Facilities Management Plans and any amendments
made to that Plan prior to the issuance of building permits.
Building permits will not be issued for this project unless the local agency providing
water and sewer services to the project provides written certification to the City that
adequate water service and sewer facilities, respectively, are available to the project at the
time of the application for the building permit, and that water and sewer capacity and
facilities will continue to be available until the time of occupancy.
This approval is granted subject to the approval of the Negative Declaration and CDP
02-46 and is subject to all conditions contained in Planning Commission Resolutions No.
5373 and 5375 for those other approvals and incorporated herein by reference.
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Developer shall submit to the City a Notice of Restriction to be filed in the office of the
County Recorder, subject to the satisfaction of the Planning Director, notifylng all
interested parties and successors in interest that the City of Carlsbad has issued a Site
Development Plan and Coastal Development Permit by Resolutions No. 5373 and
5375 on the property. Said Notice of Restriction shall note the property description,
location of the file containing complete project details and all conditions of approval as
well as any conditions or restrictions specified for inclusion in the Notice of Restriction.
The Planning Director has the authority to execute and record an amendment to the notice
which modifies or terminates said notice upon a showing of good cause by the Developer
or successor in interest.
Developer shall display a current Zoning and Land Use Map, or an alternative, suitable to
the Planning Director, in the sales office at all times. All sales maps that are distributed
or made available to the public shall include but not be limited to trails, future and
existing schools, parks and streets.
Developer shall post a sign in the sales office in a prominent location that discloses which
special districts and school district provide service to the project. Said sign shall remain
posted until ALL of the units are sold.
Developer shall post aircraft noise notification signs in all sales and/or rental offices
associated with the new development. The number and locations of said signs shall be
approved by the Planning Director (see Noise Form #3 on file in the Planning
Department).
Developer shall provide a minimum of 25 percent of the lots within CT 00-13 (Tabata)
with adequate side yard area for Recreational Vehicle storage pursuant to City Standards.
The CC&Rs shall prohibit the storage of recreational vehicles in the required front yard
setback.
Developer shall install a solid wood fence with a minimum height of five feet, and
not to exceed six feet in height, along the top of slope on the northerly side of Lots 12
and 13 to the intersection with the westerly property line of Lot 28 of the CT 98-17
(Hadley). An open steel tube fence may be constructed at the top of slope on the
northerly side of Lot 13 from the western property line of Lot 28 of CT 98-17
easterly.
Enpineering
17. Prior to issuance of any building permit, The Developer shall comply with the
requirements of the City’s anti-graffiti program for wall treatments if and when the City
formally establishes such a program.
18. Developer shall provide to the City Engineer, an acceptable means, for maintaining the
private easements within the subdivision and all the private improvements.
19. Prior to hauling dirt or construction materials to or from this project, the developer shall
submit to and receive approval from the City Engineer for the proposed haul route. The
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developer shall comply with all conditions and requirements the City Engineer may
impose with regards to the hauling operation.
20. The developer shall provide for sight distance corridors at all street intersections in
accordance with Engineering Standards. The limits of these sight distance corridors shall
be reflected on any improvement, grading, or landscape plan prepared in association with
this development.
"No structure, fence, wall, tree, shrub, sign, or other object over 30 inches
above the street level may be placed or permitted to encroach within the
area identified as a sight distance corridor in accordance with City
Standard Public Street-Design Criteria, Section 8.B.3."
FeedAgreements
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The developer shall pay all current fees and deposits required.
The developer shall defend, indemnify and hold harmless the City and its agents, officers,
and employees from any claim, action or proceeding against the City or its agents,
officers, or employees to attack, set aside, void or null an approval of the City, the
Planning Commission or City Engineer which has been brought against the City within
the time period provided for by Section 66499.37 of the Subdivision Map Act.
Developer shall cause property owner to apply for and obtain reapportionment of the
assessments imposed on the subject project in accordance with law governing the
associated Poinsettia Lane Assessment District, or the assessments must be paid in full.
Developer shall pay all associated costs of said reapportionment. The application shall be
submitted to the City Engineer with the application for the final map.
Prior to the approval of building permit, Developer shall contribute a pro-rata share
of the cost of the traffic signal at Black Rail Road and Poinsettia Lane, based upon
average daily trips as determined by a traffic analysis approved by the City
Engineer.
Grading
25. Based upon a review of the proposed grading and the grading quantities shown on the site
development plan, an additional grading permit for this project is not required. (The
developer has an approved grading permit for the proposed development.)
Dedicationsnmprovements
26. Additional drainage easements may be required. Developer shall dedicate and provide or
install drainage structures, as may be required by the City Engineer, prior to or concurrent
with any grading or building permit.
27. Developer shall comply with the City's requirements of the National Pollutant Discharge
Elimination System (NPDES) permit. Developer shall prepare and submit a Storm Water
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Pollution Prevention Plan (SWPPP) and provide improvements constructed pursuant to
best management practices as referenced in the "California Storm Water Best
Management Practices Handbook" to reduce surface pollutants to an acceptable level
prior to discharge to sensitive areas. Plans for such improvements shall be submitted to
and subject to the approval of the City Engineer. Said plans shall include but not be
limited to notifjlng prospective tenants of the following:
a. All residents shall coordinate efforts to establish or work with established disposal
programs to remove and properly dispose of toxic and hazardous waste products.
b. Toxic chemicals or hydrocarbon compounds such as gasoline, motor oil,
antifreeze, solvents, paints, paint thinners, wood preservatives, and other such
fluids shall not be discharged into any street, public or private, or into storm drain
or storm water conveyance systems. Use and disposal of pesticides, fungicides,
herbicides, insecticides, fertilizers and other such chemical treatments shall meet
Federal, State, County and City requirements as prescribed in their respective
containers.
c. Best Management Practices shall be used to eliminate or reduce surface pollutants
when planning any changes to the landscaping and surface improvements.
d. SWPPP will include calculations of anticipated pollutant loading, and sizing of
structural BMPs to remove pollutants prior to storm water entering a storm drain.
Required maintenance of the BMPs and the maintenance interval will be specified
for each BMP.
Standard Code Reminders
The project is subject to all applicable provisions of local ordinances, including but not limited to
the following:
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Approval of this request shall not excuse compliance with all applicable sections of the
Zoning Ordinance and all other applicable City ordinances in effect at time of building
permit issuance, except as otherwise specifically provided herein.
Premise identification (addresses) shall be provided consistent with Carlsbad Municipal
Code Section 18.04.320.
Approval of this request shall not excuse compliance with all applicable sections of the
Zoning Ordinance and all other applicable City ordinances in effect at time of building
permit issuance, except as otherwise specifically provided herein.
Any signs proposed for this development shall at a minimum be designed in conformance
with the City's Sign Ordinance and shall require review and approval of the Planning
Director prior to installation of such signs.
Developer shall exercise special care during the construction phase of this project to
prevent offsite siltation. Planting and erosion control shall be provided in accordance
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with Carlsbad Municipal Code Chapter 15.16 (the Grading Ordinance) to the satisfaction
of the City Engineer.
NOTICE
Please take NOTICE that approval of your project includes the “imposition” of fees, dedications,
reservations, or other exactions hereafter collectively referred to for convenience as
“fees/exactions.”
You have 90 days from date of final approval to protest imposition of these feedexactions. If
you protest them, you must follow the protest procedure set forth in Government Code Section
66020(a), and file the protest and any other required information with the City Manager for
processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely
follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or
annul their imposition.
You are hereby FURTHER NOTIFIED that your right to protest the specified feedexactions
DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning,
zoning, grading or other similar application processing or service fees in connection with this
project; NOR DOES IT APPLY to any feedexactions of which you have previously been given a
NOTICE similar to this, or as to which the statute of limitations has previously otherwise
expired.
PASSED, APPROVED AND ADOPTED at a regular meeting of the planning
Commission of the City of Carlsbad, California, held on the 5th day of March, 2003, by the
following vote, to wit:
AYES: Chairperson Baker, Commissioners Heineman, Segall,
Montgomery, White, and Whitton
NOES: None
ABSENT: Commissioner Dominguez
ABSTAIN: None
, Chairperson
AD PLANNING COMMISSION
ATTEST:
1
Planning Director
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